Court No. - 36 Case :- WRIT - C No. - 37968 of 2010 Petitioner :- Ram Lakhan Singh Respondent :- State Of U.P. & Others Petitioner Counsel :- Krishna Kant Shukla Respondent Counsel :- C.S.C. Hon'ble Sheo Kumar Singh,J.
Hon’ble Rajesh Chandra,J.
The prayer has been made in this writ petition that the auction sale, which is
to take place on 05.07.2010 may be stayed and the concern authority may be
directed to release the vehicle of the petitioner.
It appears that the Motor Accident Claim Petition was filed by the Mahendra
Singh, which was decided on 23.05.2009 and the compensation was awarded
to the claimant.
Against that order, F.A.F.O. was filed by the present petitioner. Since the
F.A.F.O. was beyond the limitation, hence an application under Section 5 of
the Limitation Act was also moved of which notices have been issued to the
claimant.
In the meantime the claimant of the Motor Accident Claim Petition moved
execution and as a result thereof the vehicle of the petitioner has been
attached by the Tehsildar.
We have considered the entire facts and circumstances and we are of the
opinion that the remedy lies elsewhere and no relief can be granted to the
petitioner in this petition under Article 226 of the Constitution of India. The
attachment has been made pursuant to the order of the Court and no fault can
be found with the attachment and proposed sale.
Writ petition is dismissed accordingly.
Order Date :- 3.7.2010
M/A.